ILLINOIS POLLUTION CONTROL BOARD

March 31, 1994

WILLIAMSON

COUNTY

SOLID

)

WASTE

MANAGEMENT,

)

)

Complainant,

)

v.

)

AC 94-7

(Administrative

Citation)

)

GERALD

BALTZELL,

)

Respondent.

ORDER OF THE

BOARD:

This matter comes before the Board upon a February 4,

1994

filing of an Administrative Citation pursuant to Section 31.1 of

the Illinois Environmental Protection Act (Act)

by the Williamson

County Solid Waste Office.

A copy of that Administrative

Citation is attached hereto, but will not be printed in the

Board’s Opinion Volumes.

Service of the Administrative Citation

was made upon Gerald Baltzell on February 2, 1994.

The

Williamson County Solid Waste Office alleges that on January 14,

1994,

Gerald Baltzell, present owner and/or operator of a

facility located in Williamson County and commonly known to the

Agency as Gerald Baltzell open dump, violated Section 21(p) (3) of

the Act.

The statutory penalty established for this violation is

$500.00 pursuant to Section 42(b) (4) of the Act.

Gerald Baltzell has not filed a Petition for Review with the

Clerk of the Board within 35 days of the date of service as

allowed by Section 31

•

1(d) (2)

of the Act.

Therefore, pursuant to

Section 31.1(d) (1), the Board finds that Gerald Baltzell, has

violated the provision alleged in the Administrative Citation.

Since there is one

(1) such violation, the total penalty to be

imposed is set at $500.00.

1.

It is hereby ordered that, unless the ienaltv has already been

paid,

within 30 days of the date of this order Gerald Baltzell

shall, by certified check or money order payable to the

Williamson County Treasurer, pay a penalty in the amount of

$500.00, which is to be sent to:

Williamson County Treasurer

200 West Jefferson Street

Marion,

Illinois 62959

2. Respondent shall include the remittance form and write the

case name and number and their social security or federal

Employer Identification Number on the certified check or money

order.

---

2

3. Penalties unpaid after the due date shall accrue interest

pursuant to Section 42(g)

of the Illinois Environmental

Protection Act.

4. Payment of this penalty does not prevent future prosecution if

the violation continues.

Section 41 of the Environmental Protection Act,

(415 ILCS 5/41

(1992)), provides for appeal of final orders of the Board within

35 days.

The Rules of the Supreme Court of Illinois establish

filing requirements.

(See also 35

Ill. Adm. Code 101.246,

Motions for Reconsideration.)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Bo~,rd hereby certify that the above order was adopted on the

_______

day of

,

1994,

by a vote of

5-C.

~

~

/2~

Dorothy N. 9~hn,clerk

Illinois Po9ution Control Board

---

ADMINISTRATIVE CITATION

r—~VED

FEB

~

WILLIAMSON COUNTY SOLID WASTE OFFICE

)

pOLLU~1~O~D

Complainant,

v.

)

~

7

Gerald Baltzell

)

Respondent.

JURISDICTION

This Administrative Citation

is issued pursuant

to authority

vested in the Illinois Environmental Protection Agency by Public

Act 84—1320

(111. Rev. Stat.

1987,

ch.

111

1/2,

para.

1031.),

(recompiled as 415 ILCS 5/1-56.6) and delegated to Williamson

County pursuant to Ill.

Rev. Stat.l987,

ch.

111

1/2,

para.

1004(r),(recompiled as 415 ILCS 5/1—56.6).

FACTS

1. That Respondent, Gerald Baltzell,

is the present owner

and/or operator of

a facility located in the County of

Williamson,

State of Illinois.

2. That said facility is an open dump,

operating without

an Illinois Environmental Protection Agency Operating Permit,

and designated with Side Code No.

1998600005. Said facility

is commonly known to the County as Gerald Baltzell open dump.

---

3. That Respondent has owned and/or operated said facility

at all times pertinent hereto.

4. That on January

14,

1994, Sheila Williams, of the

Illinois Environmental Protection Agency,

inspected the above

described facility.

A copy of the inspection report setting

forth the results of such inspection is attached hereto and

made a part hereof.

VIOLATIONS

On the basis of direct observation of Sheila Williams,

the Williamson County Solid Waste Office has determined that

Respondent has caused or allowed the open dumping at the

above described facility in a manner which resulted in the

following occurrences:

A. That on January 14,

1994,

an on-site inspection of

said facility disclosed the following:

(1) Causing or allowing open burning

(Ill. Rev. Stat.

ch.

111

1/2, para.

l021(p)(3)

(1991)

formerly

1021(q)

(3)1).

CIVIL PENALTY

Pursuant

to

(Ill.

Rev.

Stat.

ch.

111

1/2,

para.

1042(b)(4)

(1991)

recompiled

as

415

ILCS

5/1-56.6)),

Respondent

herein

is subject to a civil penalty of Five Hundred Dollars ($500.00)

for each violation specified above in Paragraph

A,

for a total

of

($500.00).

Additionally, should Respondent elect

to petition

the Illinois Pollution Control Board under the review process

described herein below,

and if there is a finding of the

---

violations alleged herein,

after an adjudicatory hearing,

Respondent shall be assessed the associated hearing costs

incurred by Williamson County and the Illinois Pollution Control

Board,

in addition to the Five Hundred Dollar

($500.00) statutory

penalty for each finding of violation.

If you acknowledge the violations cited hereinabove,

the

civil penalty specified above shall be due and payable no later

tha March

14, 1994.

If you do not petition the Illinois

Pollution Control Board for review of this Administrative

Citation within thirty-five

(35) days of service hereof or if

you elect to contest this Administrative Citation, any judgment

rendered against you shall specify the due date of the statutory

civil penalty and any costs assessed against you.

When payment is made, your check should be made payable

to the Williamson County Treasurer, 200 W. Jefferson

St., Marion,

Ii.

62959. Also, please complete and return the

enclosed Remittance Form,

along with your payment,

to assure

proper documentation of payment.

If any civil penalty imposed by the Illinois Pollution

Control Board is not paid within the time prescribed in the

order,

interest on such penalty will be assessed for the

period from the date payment is due until the date payment is

received.

If any civil penalty, by reason of acknowledgment,

default or finding after adjudicatory hearing is not paid when

due, the Office of the Williamson County Stat&s Attorney shall

be requested to initiate proceedings in Circuit Court to collect

said civil penalty.

In addition to the previously assessed civil

---

penalty,

interest, and hearing costs of Williamson County and

the Illinois Pollution Control Board,

if any,

the Williamson

County

State’s Attorneys Office will seek to recover their

costs of litigation.

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation.

See Ill.

Rev. Stat.

ch.

111

1/2, para.

1031.1

(1991),

(recompiled as 415 ILCS 5/1—56.6).

If you elect to contest this

Administrative Citation, you must file a Petition for Review

with the Clerk of the Illinois Pollution Control Board.

A copy

of the Petition for Review should be filed with the Williamson

County State’s Attorney. Such Petition for Review must be filed

within thirty-five

(35) days of the date of service of this

Administrative Citation,

or a default judgment shall be entered

by the Pollution Control Board. The Petition for Review may

be filed with the Clerk of the Illinois Pollution Control Board

at the State of Illinois Center,

100 West Randolph,

Suite 11-500,

Chicago, Illinois 60601; and

a copy of said Petition for Review

filed with the Williamson County State’s Attorney at the

Williamson County Courthouse,

200 West Jefferson St., Marion,

Il.

62959.

R Go~

Charles R. Garnati

Williamson County State’s Attorney

Date: February 02,

1994

---

REMITTANCE FORM

WILLIAMSON COUNTY SOLID WASTE

)

OFFICE,

)

Complainant,

)

AC 94—7

v.

)

(County

No. None)

)

GERALD BALTZELL,

)

)

Respondent.

FACILITY:

Gerald Baltzell

SITE CODE NO.:

Open Dump

COUNTY:

CIVIL PENALTY:

DATE OF INSPECTION: January 14,

SIGNATURE:__________________________________

NOTE

Please enter the date of your remittance, your Social Security

number

CBS)

if an individual, or Federal Employer Identification

Number

(FEIN)

if a corporation, and

sign

this Remittance Form.

Be sure your check is enclosed and mail,

along with Remittance

Form to:

Williamson County Treasurer,

200 W. Jefferson Street,